The respondent lost control of his motor vehicle and collided with a tree.
A police officer demanded he provide breath samples pursuant to the Criminal Code.
The respondent complied but was never informed of his right to retain and instruct counsel.
At trial, the judge excluded the breathalyzer certificate under the Charter, finding the respondent was detained and his right to counsel was violated.
The Supreme Court of Canada dismissed the Crown's appeal, holding that a breathalyzer demand constitutes a detention under section 10 of the Charter.
The Court further held that the failure to inform the respondent of his right to counsel violated section 10(b), and the evidence must be excluded under section 24(2) as its admission would bring the administration of justice into disrepute.
